Identifying Trade Secrets in Defend Trade Secrets Act Cases

In this presentation, we will review the importance of and strategies behind plaintiffs identifying trade secrets in Defend Trade Secrets Act cases in federal courts across the United States.

We will discuss cases and strategies—from both plaintiffs’ and defendants’ perspectives—on requiring plaintiffs to identify the relevant trade secrets with reasonable particularity before discovery starts. This will include a discussion on factors that courts in various jurisdictions have considered in determining whether plaintiffs have identified trade secrets with sufficient particularity. We will also compare the different levels of particularity that plaintiffs need to meet at various stages of litigation.